State v. Collins

Citations

• 2020 Ohio 4136

Syllabus

Crim.R. 16 Brady violation discovery violation abuse of discretion right to remain silent prearrest silence ineffective assistance of counsel manifest weight of the evidence. Brady v. Maryland is violated where suppressed exculpatory evidence is discovered after trial. Brady is not implicated where the state produces additional discovery on the day trial is set to begin. A trial court has broad discretion to regulate discovery and determine the sanction for a discovery violation. When confronted with a discovery violation, a trial court must consider whether the violation is willful, whether foreknowledge of the undisclosed material would have benefitted defense preparation and whether the defendant was prejudiced. Where a court determines a discovery violation was unintentional, that the material was cumulative of evidence the defendant already possessed and that the defendant claimed no prejudice, the court does not abuse its discretion by permitting review of the material, inquiring whether it is materially different or prejudicial and permitting the defendant to seek a continuance. A trial court does not abuse its discretion in denying a motion for a mistrial predicated on an alleged violation of the Fifth Amendment right to remain silent where no such violation occurred. The state may use a defendant's prearrest silence as evidence of the course of investigation. A detective's testimony that he was unable to schedule an interview with the defendant and that he attempted to speak with the defendant does not constitute a violation of the Fifth Amendment right to remain silent. Following a minimal discovery violation and appropriate remedy by the court, a defendant is not denied the effective assistance of counsel on the basis that counsel did not request a delay in trial, object to inclusion of the evidence or seek a mistrial in response to the violation. Conviction is not against the manifest weight of the evidence where the jury did not lose its way in resolvin